114. Mortgage may be void or voidable in certain circumstances.

114.     Mortgage may be void or voidable in certain circumstances.

A mortgage may be void or voidable in certain circumstances on the ground of mistake1, non est factum2, misrepresentation3, duress4 or undue influence5, or if it does not comply with the necessary formalities6, or because it constitutes a fraud against the mortgagor's general creditors7 or an unconscionable bargain8, or if it is given for an illegal consideration or is opposed to public policy9. Where part of the consideration is illegal, the security is